Common use of Other Forward Clause in Contracts

Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bank, National Association, New York Branch. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:

Appears in 2 contracts

Samples: Confirmation Agreement (New Jersey Resources Corp), Confirmation (New Jersey Resources Corp)

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Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its the Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bank, National Association, New York Branchan affiliate of X.X. Xxxxxx Securities LLC. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period of the first Exchange Business Day and length of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first second day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:.

Appears in 2 contracts

Samples: Confirmation of Forward Stock Sale Transaction (Westar Energy Inc /Ks), Confirmation (Thermo Fisher Scientific Inc.)

Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bank, National Association, New York Branch. an affiliate of X.X. Xxxxxx Securities Inc. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first second day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:.

Appears in 1 contract

Samples: Confirmation (Regency Centers Corp)

Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its the Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bank, National Association, New York Branch. an affiliate of Barclays Capital Inc. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period of the first Exchange Business Day and length of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:.

Appears in 1 contract

Samples: Confirmation (Thermo Fisher Scientific Inc.)

Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its the Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bankan affiliate of Xxxxx Fargo Securities, National Association, New York BranchLLC. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period of the first Exchange Business Day and length of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:.

Appears in 1 contract

Samples: Confirmation of Forward Stock Sale Transaction (Westar Energy Inc /Ks)

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Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bank, National Association, New York BranchXxxxxx Xxxxxxx & Co. LLC. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the this Transaction (the each, an “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of each such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the this Transaction on every other second Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:.

Appears in 1 contract

Samples: Confirmation (PPL Corp)

Other Forward. Party A acknowledges that Party B has entered into a substantially identical forward transaction for its Shares on the date hereof (the “Other Forward”) with JPMorgan Chase Bankan affiliate of Xxxxx Fargo Securities, National Association, New York BranchLLC. Party A and Party B agree that if Party B designates a Settlement Date with respect to the Other Forward and for which Cash Settlement or Net Share Settlement is applicable, and the resulting Unwind Period for the Other Forward coincides for any period of time with an Unwind Period for the Transaction (the “Overlap Unwind Period”), Party B shall notify Party A prior to the commencement of such Overlap Unwind Period, and Party A shall only be permitted to purchase Shares to unwind its hedge in respect of the Transaction on every other Exchange Business Day that is not a Suspension Day during such Overlap Unwind Period, commencing on the first day of such Overlap Unwind Period. Acknowledgements: The parties hereto intend for:.

Appears in 1 contract

Samples: Confirmation (Regency Centers Corp)

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